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Photographic 

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CIHM/ICMH 

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dernlAre  image  de  cheque  microfiche,  seion  le 
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symbols  V  signifie  "FIN". 


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et  de  haut  en  bas,  en  prenant  le  nombre 
d'Images  nAcessalre.  Les  diagrammes  sulvants 
illustrent  ia  nAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

iO' 


*;•■■ 


^h-ir:r-^:'-    ' 


THE 


TRIAL 


Of 


iO^lN  WIIJSON,  alias  JEN  KIN  RATI  ORD, 


FOR 


"Ml/TINr,  DESERTION  AND  CONTEMPT  f 


....y^ 


TO  WHICH  ARE  SUBJOINED, 


'1 


A  FEW  CURSORY  REMARKS. 


BOSTON  : 
,«      PRINTED  BY  SNELLINb  AND  SIMONS, 


KO.  5,  eXCOAStCS  SUXLDIMGS,  DCTONSnXRS  STREET. 

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,   07 


JOHN  WILSON,  r//mJENKlNRATFOUlJ; 


MINUTES  of  the  Proceedings  of  a  Court  Martial  ajfembUd  and 
fjield  on  board  His  Majejly's  Sljtp  Bellellle,  in  Halifax  Har-  - 
hour,  Nova-Scotia,  on  Wednelday,  '36th  Auguft,  1807i  io 
/ry  Jen  KIN  Rat  ford,  of  his  Majejlfs  Ship  Halifax,  for 
Mutiny t  Defertion,  and  Contemptt  as  fet  forth  in  a  Letter 
from  her  Commander^  The  Right  Honourable  Lord  James 
Town SH END.  «?'   ^        ',  ■    '       ** 

PRESENT, 

The  Hon.  Sir  ALEXANDER  COCHRANE,  K.  B. 
Rear  Admiral  of  the  IVhitet  and  Second  Officer  in  the  Com" 
numd  at  HaiifaK,  Prefident. 

CAPTAINS,  •    •'  •    '•  ■ 

FRANCIS    PICKMORE,    WILLIAM    CHARLEff 
FAHIE,  EDWARD  HAWKER,   JOHN  ER§KINE 
DOUGLAS,    PHILIP  BEAVER,     NATHANIEL. 
DAY  COCHRANE,  ,„    . ;^ 

Seing  all  the  Captains  of  the  rank  of  Pojl  at  this  placf,'    '    ' ' 

On  the  Court  aflembling,  at  half  paft  ten  o'clock,  the  prif- 
oner  being  brought  forward,  the  evidence  called  over,  and  aM- 
dience  admitted,  read  the  Order  addrcffed  to  the  Prefident 
from  the  Honouwble  George  Cran  field  Berkeley,  Vice 
Admiral  of  the  White,  and  Commander  in  Chief  at  Plalifax, 
Nova-Scotia,  &c.  dated  the  2.5th  of  Auguft,  and  the  Prefi- 
dent's  Order  to  the  Judge  Advocate  to  officiate  as  fuch,  when 
the  Members,  and  Judge  Advocate  were  feverally  fworn, 
agreeable  to  Adl  of  Parliament ;  and  the  following  letter, 
contaiuiiig  the  charges  againft  the  prifoner,  read  :  ' 


■■■^ 


jT^.   • 


.# 


A   ■;'■'•  ^...V''--  ';.-  ' 


His  Majejlys  Sloob  Halifax t 
iJal'ifus  NiirUuff  Ijtl  y/u^ujif  1807. 


■•♦R, 


I  BEG  leave  to  n-prefciit  to  you,  tint  the  five  men  nam- 
ed in  the  margin,*  bt'loiiging  to  His  Majefty's  floop  Halifax, 
nndcr  my  CGinrnaiul,  when  fent  with  a  petty  officer  in  the  jolly 
boat,  in  Hampton  Roads,  on  the  7th  of  March  laft,  to  weigh 
a  kcdgc  anchor,  which  had  been  previoufly  dropped  for  the 
piirpofe  of  fwiiiging  tlic  flv-  by,  taking  the  advantage  of  the 
dulk  of  the  cveninjr,  mutinieu  upon  the  petty  ofTicer,  fome  of 
tht'in  threatening  to  murder  him,  hut,  the  reft  interfering 
they  defiiloc!  ;  huwever,  taking  the  boat  under  their  own  com- 
mand, the/  fuccocdcd  in  deferting,  by  landing  at  Sewcl'a 
I'uitit. 

The  whole  of  the  above  mentioned  defertcrs,  I  have  fince 
been  informed,  entered  on  board  the  United  States  frigate 
Chcfapeake,  and  were  fcen  by  me,  and  feveral  of  my  officers, 
parading  the  llreets  of  Norfolk  ir.  triumph,  under  the  Ameri- 
can flag.  A  few  days  after  the  defertion,  I  accofted  Oiie  of 
thefe  men,  Henry  Saunders,  afking  the  rcafon  of  hit  deferting, 
and  received  for  anfw^r,  that  he  did  not  intend  any  thing  of 
ihe  kind,  but  was  compelled  by  the  reft  to  af&ft,  and  would 
embrace  the  firft  opportunity  of  returning.  At  that  moment, 
Jtnikin  Ratford,  one  of  the  faid  deferters,  coming  up,  took 
tlic  arm  of  the  faid  Henry  Saunders,  declaring  with  an  oath, 
that  neither  he,  or  any  of  the  reft  of  the  deferters,  ihould  re- 
turn to  this  {hip,  and,  with  a  contemptuous  gefture,  told  me 
lie  was  in  the  Land  of  Liberty,  and  inllantly  dragged  tlie  faid 
Henry  Saunders  away. 

Finding  tha*^  my  cxpoftulating  any  longer,  would  not  only 
be  ufelcfs  in  obtaining  the  deferters,  but,  in  all  probability, 
have  coUefted  a  mob  of  Americans,  who,  no  doubt,  would 
have  proceeded  to  fteps  of  violence,  I  inftantly  repaired  to  the 
houfe  of  Colonel  Hamilton,  (the  Britifti  Conful  there)  and 
related  every  circumftance  which  occurred,  and  applied  to  him, 
as  alfo,  to  Lieutenant  Sinclair  of  the  rendezvous  for  the  Unit- 
ed States  fervice,  to  recover  the  faid  deferters,  but  without 
cffea. 

Being  fince  in  formed  that  Jenkin  Ratford  has  been  recov- 
ered, in  aftion,  on  board  the  United  States  frigate  Chefa- 
peake,  with  His  Britannic  Majcfty's  ftiip  Leopard,  and  now  a 

»  RicLHuberriHejirvSaimder",  Jenkin  RaifordjCeo.NorthjWm.Hi!!- 


(fvifoncr  on  board  his  Majefty'a  Ihip  BcUona,  I  have  to  requeft 
you  will  bo  plcafed  to  dir';6l  a  Court  Martial  may  be  afTt-m- 
bled  for  the  purpofe  of  trying  tl»c  faid  Jenkii)  Ratfoid,  for 
the  witlun  (nentioncd  charges  of  Mutiny,  De/irtion,  and 
Conkmjit. 

;.  I  have  the  honour  to  remain,  , 

*  Your  mod  obedient  humble  fcrvant, 

,,      :  .;'-^  \     '.  J.  TOWNSHKND. 

2  0  the  If  on.  G.  C.  Birkeleyt  Vice  Admiral  1       .     ,  . 
of  the  IVhite,  and  Commander  in    Chief,  >         ., 
b'f.  i^c.  isfc.  Halifax,  N.  S.  } 

The  Evidence  were  then  withdrawn.  '     ' 

The  Right  Honturable  Lord  James  Totvtifbend,fworn. 

Q.  Relate  to  the  Court  what  comes  within  your  knowl- 
edge of  the  charges  againft  the  prifoner  ? 

ji.  At  the  time  of  the  prifoners  deferting,  I  was  on  board 
the  Mermaid  ;  on  hearing  a  firing  ofmufketry  kept  up  fit)m 
the  fhip,  about  fix  o'clock  in  the  evening,  on  the  7th  ofMarch, 
1  immebiately  returned  on  board,  when  Lieutenant  Carter  in- 
formed me,  that  five  men  had  rofe  on  Mr.  Turner,  midfhip- 
man,  and  defefted  with  the  jolly  boat.  The  next  morning,  I 
fent  Lieutenant  Marilers  to  Norfolk,  to  acquaint  Captain 
Holli»  and  the  Britifh  Conful  of  Jthc  defertion  of  the  men  ; 
on  his  return,  he  reported  to  me  that  he  had  fecn  fome  of 
them,  one  in  particular,  Richard  Hubert,  parading  the  ftreets, 
with  the  American  flag,  then  recruiting  for  the  Chcfapeake. 
I  then  went  up  myfelf  to  Norfolk,  and  told  the  Britifh  Con- 
ful ;  and  finding  that  the  men  had  entereel  for  the  Chcfa- 
peake, I  applied  to  Lieutenant  Sinclair,  who  was  entering 
men  for  her,  and  received  for  anfwer,  that  there  were  no  men 
entered  for  them  by  the  names  I  gave  ;  but  if  any  deferters  had 
entered,  I  muft  apply  to  the  magiftrates  j  which  I  did,  through 
the  Conful,  who,  1  believe,  applied  to  the  Mayor  and  Civil  Pow- 
er. I  alfo  applied  to  Capt.  Decatur, who  referred  me,  to  Lieut. 
Sinclair  :  but  I  met  with  no  fuccefs  in  recovering  the  men. 
I  met  the  prifoner,  with  Saundersj-  the  Boatfwain's  mate,  af- 
ter my  application,  and  afked  them  the  reafon  they  did  not 
return  to  the  (hip.  Saunders  faid  he  would  ;  an'',  immedi- 
ately went  with  me  about  twenty  yard  3,  when  the  prifoner 
A2 


11 


.1. 


.♦.^"■. 


laid  hold  of  Iiix  Jirm,  and  fald  he  would  be  damned  if  he  (HoulJ 
retuvii  to  the  (liip  ;  tliat  hi-  was  in  the-  Land  of  Liberty  ;  that 
Itc  would  do  us  he  liked,  and  that  I  had  no  bunncfs  with  him. 
The  prifouer  wa^  vcr^'  abuftvo,  the  words   I  do  iu)t  reeollett. 

(^.  What  anfwtr  did  Lieut.  Sinclair  make  to  you  the  fcc- 
ond  time  you  applied  to  him  ? 

yf.  The  fame  as  before.  I  offered  to  point  out  the  men  if 
he  would  allow  me  to  go  into  the  rende/.vou»,  but  to  which 
he  rctunied  no  anfwcr.  1  faw  fome  of  the  defetlers  at  the 
rendezvous  :  the  prifoner  was  not  among  them.  ♦ 

O.  Was  the  prifoner  abufive  to  you,  perfonally,  or  was  the 
abuTe  general  ? 

j4.  Chiefly  pcifonal.  

Q.  By  PriJ'tirt.  Did  you  not  fend  a  gentleman  to  call  me 
out  of  the  houfc  i 

v>.  Did  I  not  come  out  at  the  fame  time  and  ftand  at  Saun- 
Jer's  back,  all  the  time  you  were  talking  to  him  ? 

yf.  You  crme  into  'the  ftreet  about  four  minutes  nftev 
iiaunders. 

The  Evidence  now  commcnccfl  for  tV.e  Profecutor. 
Li^uknc'tti  Tl  etnas  Wren  Catiirt  \Ji,  of  the  Halifaxt  /worn* 

Q.  Relate  wliat  you  know  refpeftnig  the  charges  againft 
ihe  prifoner  ? 

/I.  On  the  7th  of  March  lad,  about  fix  o'clock  in  the  ev. 
eniiig,  being  commanding  olHcer,  I  fent  the  jolly  boat,  \vith 
Mr.  Turner,  midlhipman,  and  five  men,  to  weigh  the  kedge 
anchor,  which  had  been  laid  out  for  fwinging  the  fliip.  They 
v'ere  a  long  time  there.  I  hailed  them  once,  to  know  what 
they  were  about  ;  they  anfwered,  gcttingthe  tackle  on  board. 
A  fhort  time  after,  the  quarter  mailer,  Douglas,  told  me  he 
thought  they  were  pulling  away.  Believing  they  were,  I  or- 
ilered  a  fire  of  muflcetry  on  them.  That  not  having  any  ef- 
feft,  I  ditc<f\ed  fome  grcut  guns  to  be  pointed  and  fired  ;  one 
was,  but  the  boat  being  nearly  out  of  fight,  owing  to  the 
Jufl{,  and  a  tender  belonging  to  the  Bellona,  immediately  in 
her  wake,  I  was  obliged  to  defift  firing,  and  faw  no  more  of 
lier.  As  foon  as  the  firing  ceafed,  a  mufter  of  the  (hip's  com- 
pany was  made,  when  I  found  that  the  prifoner,  with  the  oth- 
or  men  named  in  the  charge,  had  defcrted.  Two  or  three 
lays  after,  the  petty  ofHcar  returned,  and  reported  he  hud 
been  run  away  with  by  the  crew.  -     ^ 


•% 


V>r 


J, f- 


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^. 


The  prii'oner  bftving  no  queftionito  nflc}  thiti  eviU«qcc  with* 
drew.  ... 

Aft.  Robert  Turner^  mlJJhltmant  of  the  Halifax t  cnlleettn  and 

fworn. 

Q.  Relate  to  the  Court  what  you  knaw  refpe^tini;  ihc 
charges  agaitifl  the  pnfoncr  ?  -.-a  »..  •  »^' .,  '     .1    ^ 

A.  On  the  CTeniug  of  the  7th  M*rch  I  was  defired  by  the 
iird  Lieutenant  to  go  in  the  jolly-boat,  and  weigh  kcdge  an- 
chor ;  the  pnfoner  wai  one  in  the  boat,  with  Hill,  North,  Hu. 
bert,  and  Henry  SauuderB  ;  after  we  Iwd  (hovcd  off  from  the 
ftiip  and  got  hold  of  the  kedge  hawfer,  and  the  anchor  up  to 
the  buws,  it  came  on  to  rain  very  hard,  and  the  weather  be* 
ing  thick,  the  men  took  the  boat  from  me  ;  when  I  hailed  the 
fhip  repeatedly,  until  file  need  by  Hill,  who  threatened  if  I 
hailed  the  fMp  any  more  he  would  knock  my  brains  out,  and 
heave  mc  overboard.  Hill  faid  if  it  had  b*en  Mr.  M'Gory 
in  the  boat,  inftead  of  me,  he  would  have  tanned  his  hide,  and 
thrown  him  overboard.  The  inftant  the  boat  landed  at  Se« 
wel's  Point  they  all  jumped  out  and  left  me  in  her.  Saun* 
ders  I  think  would  have  returned,  if  he  had  not  have  been 
threatened  to  have  his  brains  knocked  out :  I  d*^  not  know  if 
by  the  prifouer  in  particular  ;  it  was  amongft  them.  After 
landing  I  faw  nothing  of  the  men  until  Monday,  two  days  af- 
ter, when  I  faw  the  prifoner  at  Norfolk,  with  a  number  of  men 
who  h^d  entered  into  the  American  fervice.  On  TueWay  I 
met  Lord  Townfhcnd  and  informed  him  of  the  circumftances ; 
ftiortly  after  faw  the  prifoner  and  Saunders,  LoFd  Townf- 
heud  fpeaking  to  them,  and  telling  them,  that  if  they  would 
return  to  the  (hip  be  would  forgive  them.  Saunders  was  in 
the  aA  of  going  down  to  the  Britifh  Conful's  with  me  ;  the 
prifoner  faid  if  he  attempted  to  return  to  the  (hip,  if  he  was 
not  able  himfrlf,  he  would  get  more  bands  to  aflm  in  cutting 
his  bloody  guts  out.    . 

Q.  By  Prcfecutor.  Did  it  not  appear  to  you  that  the 
whole  time  I  ^vas  in  converfatkm  with  Saunders,  and  the  prif- 
oner, that  the  latter  was  very  abufive  ?    »f.  ,  -«        >     f , 

A.  He  was. 

Q.  Did  the  deferters  cut  the  boat  adrift,  and  fliove  her 
from  the  ftiore,  making  you  jump  out  up  to  your  middle  ia 
water  ?  "^  ■ 

A.  After  landing,  I  v^ras  left  in  the  boat,  the  painter  was 
out,  the  boat  floated  off,  and  I  jumped  into  the  water,  and 


aded  afhorc 


A' 


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4- 


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^'  i 


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1- 


li 


Q.  Did  ynu  obfervc  the  prifoner  alfift  in  rowing  the  boat» 
after  it  wat  taken  frcm  you  i 

A.  YeA  I  did,  four  men  were  rowing,  Saunders  and  myfelf 
■  were  fitting  in  thi'  lleni  (hects. 

Q.  By  Prifoner.  Did  Saunders  go  out  of  the  llcrp  Hwctt 
to  look  for  kedge  buoy  ?  •.:'*' 

y/.  He  was  out  of  the  (lern  fheets  but  I  am  not  certain  if 
he  had  hold  of  the  hawfer  or  not. 

The  prifoner  having  no  further  quellions  to  aik|4he  evidence- 
withdrew.  /  ^  .  :\  I  .u     '    . 

Thomas  Douglax%  quarter  mafier  of  the  Halifax^  caJled  in  and 
^  fworn. 

Q.  Relate  to  the  Court  what  yovknow  refpecting  the  char- 
ges againft  the  prifoner  ? 

yl.  I  had  the  watch  on  deck,  I  think  about  half  paft  five 
o'clock  on  the  evening  of  the  7th  of  March.  I  was  (landing 
on  the  (larboard  gangway,  when  the  men  dipped  the  kedge 
hawser,  and  got  their  oars  out.  I  went  immediately  to  the 
gun  room  and  reported  io  Lieutenant  Carter  that  the  boat 
was  rowing  off  from  the  (hip.  He  came  up  immediately.  I 
having  gone  before  and  got  the  key  of  the  arm-ched  out  of 
the  binnacle  drawer,  and  took  out  the  muflcets,  with  a  cartouch 
box,  (the  fentry's  mu(ket  not  going  off,)  Lieutenant  Carter, 
Mr.  S.Tiith,  and  myfelf,  fired  as  long  as  we  could  keep  fight 
of  the  boat. 

Q.  Do  you  know  that  the  prifoner  was  one  of  the  men  in 

the  boat  ?  ,    •'  .  „.        .   « «',  t 

■    j1.  I  do. 

The  prifoner  having  no  queftions  to  afk,  the  evidence  with- 
drew. 

Lieutenant  James  Marjiers  of  the  HaHfa»t  called  in  and  fworn. 

Ig.  Relate  to  the  Court  what  you  know,  refpedlmg  the 
charges  against  the  prifoner  ? 

yl.  On  tlie  7th  of  March,  about  fix  in  the  evening,  the  prif- 
oner, and  four  other  men,  were  fent  to  weigh  the  kedge  an- 
chor. Soon  after  it  was  reported  they  had  deferted.  I  went 
on  deck  and  obferved  them  pulling  from  the  (hip.  They 
were  fired  at  fevcral  times,  but  to  no  effedl.  I  was  fent  up  to 
Norfolk  the  nc  morning,  with  a  letter  on  fervice  ;  I  faw 
two  of  the  deferters,  but  did  not  fpeak  to  them,  one  of  them 
with  the  American  flag,  and  the  other  coming  out  of  a  public 
houfe  ;  the  prifoner  was  not  one  of  them.  I  know  the  pril* 
oner  deferted  on  the  7th  of  March  from  the  fhip. 


-V"^-'  -i'.  „..'•'-  -« 


'r.h«.'V£»W. 


I'hi*  inironer  having  no  qurftions  to  ailc,  thii  evidence 
witlMln.'w. 

Mr,  Georgt  Tii*combt$  Majl*r*s  mate  of  the  Melampust  tailed 

in  andfvtorn, 

Q.  Relate  to  the  Court  what  yoa  know  refpcAing  the 
charges  againft  the  prifoner  ? 

yi.  I  waB  on  board  the  L<  >pard  on  the  32d  June  aa  a  paf> 
(cnger,  and  wan  ordered  on  board  the  Chefapeake  with  Lieu> 
tenants  ralcon  and  Guifo,  to  fearch  for  defcrtera,  After  the 
hands  were  fent  on  deck,  I  was  ordered  below  to  fearch,  and 
found  the  prifoner  in  the  coal  hole  ;  he  was  taken  on  the  quar- 
ter deck,  and  known  by  Mr.  Prefton,  Purferof  the  Leopard* 
as  being  difoharged  from  her  to  the  Halifax. 

^.   Did  the  prifoner  deny  belonging  tt>  the  Halifax  ? 

A.  He  faid  lie  was  an  Americuni  ai)d  did  not  belong  to  the 
Hahfax. 

Q.  On  your  going  on  board  the  Chefapeake,  did  you  hear 
any  converfation  that  palfed  refpcfting  deferters,  whether  they 
acknowledged  or  denied  having  any  \ 

A.  The  Captain  of  her  faid,  he  did  not  know  they  had  any 
deferters  on  board. 

Q.  Did  the  prifoner  (land  on  the  Chefapeake's  books  by 
his  pref<Mit  name,  or  by  what  other  ? 

A.   I  think  by  the  name  of  Wilfon.         "    *i  y 

Q.  Prerions  to  the  aftion  betvreen  the  Leopard  and  tht 
American  frigate,  do  you  know,  if  there  was  any  correfpond- 
ence,  by  letter,  between  Captain  Humphreys,  and  the  Com- 
mander of  the  Chefapeake,  to  demand  the  deferttrs  then  on 
board  her  ?  -4        .  ^  v» 

A,  Yes.    "     -^  ■  ;'  •'•    ■ 

Q.  Did  you  hear  any  thing  tluit  paffed  after  the  corrcfpoad- 
cnce  between  Capt.  Humphreys  and  the  Chefapeake  ?      *.  r 

A.  I  did  hear  Captain  Humphreys  fay.  Commodore  Bar- 
-j-on,  you  mull  be  aware  of  the  neceffity  I  am  under  of  com- 
plying with  the  orders  of  my  Commai^r  in  Chkf.  He  re- 
plied, you  may  do  as  you  plcafe.  ^'  '     v'iA    y  •  •  -^>  •  .%»4 

Q.  Did  you  underftand  that  as  a  refufifl  to  comply  with 
Captain  Humphrey's  wifhes  to  have  the  Englidi  defertera 
given  up  from  the  Chefapeake  to  the  Leopard  ? 

A.    Yes.  .--■\j''»-    ■-  ^^^ 

Q.  How  long  was  it  from  the  time  of  firft  fending  the 
boaf  on  board  the  Chefapeake,  until  the  a^on  commenced  ^ 


*  /    « 


/( 


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V) 


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A.  The  boat  was  on  board  the  Chefapeake  about  i^tc 
quarters  of  an  hour,  when  the  fignal  was  made  for  her  from 
the  Leopard  :  (he  returned  in  about  ten  minutes  after,  with 
a  letter,  which  Captain  Humphreys  took  into  the  cabin,  and 
read  ;  then  ordered  the  guns  to  be  primed,  fired  one  gun 
athwart  her  bows,  and  then  hailed  as  before,  to  which  a  fimi- 
lar  reply  was  made  :  Capt.  Humphreys  then  ordered  the  fire 
to  commence,  beginning  with  the  foremoft  gun  on  the  lower 
deck,  and  gave  her  about  three  broadfides. 

0.  Were  the  crew  of  vhe  Chefapeake  muftered  previous 
to  the  finding  of  Ratford  in  the  coal  hole  ? 

y/.  No  ;  not  until  afterwards. 

1^.  What  other  deferters  were  taken  out  of  the  American 
frigate  ? 

j4.  Three  belonging  to  the  Melan^us. 

Q^.  Were  there  many  Engliflimen  muftered  on  board  her  ? 

^,  About  twelve,  men  and  boys. 

I^.  Were  any  of  thofe  Engliflimen  demanded,  or  any  other 
men  demanded,  or  taken  out,  except  known  deferters  ?  , 

j1.  No. 

Tlie  prifoner  having  no  queftions  to  aflc,  the  evidence  with- 
drew. 

Mr.  Frederick  Phillips,  midjhipman  of  the  Bellona,  ftvorn. 

Q.  Were  you  doing  duty  on  board  the  Leopard  at  the 
time  of  the  controverfy  between  her  and  the  American  frig- 
ate riiefapeake  ? 

A.    Yes. 

Q.  Relate  to  the  Court  what  you  know  refpefting  the 
charges  againft  the  prifoner  ? 

A.  When  I  went  on  board  the  Chefapeake,  I  faw  the 
prifoner  ftanding,  or  leaning,  againft  one  of  the  carronades  on 
the  quarter-deck.  I  know  he  was  taken  out  of  the  Chefa- 
peake to  the  Leopard. 

The  prifoner  having  no  queftions  to  alk,  the  evidence 
withdrew. 

Mr.  James  Simpjhn  Wells,  Clerk  of  the  Halifax,  called  in  and 

fnvorn. 

He  produced  the  complete  book  of  the  Halifax  ;  fwore  to 
its  correftncfs,  and,  by  direftiort  of  the  Court,  pointed  out  to 
the  Judge  Advocate,  the  five  men,  ftated  by  the  charge  to 
have  deferted,  which  he  did,  as  follows  : 

Richard  Hubert,  fail-maker,  born  in  LivcrwOoJ.  England, 
aged  %% 


\li 


■n< 


mg 

has 

frige 

Berii 

Nor 

fhip; 

now 


11 

Henry  Saundcre,  yeoman  of  the  fheets,  born  in  Greenock, 
aged  26. 

Jenkin  Ratford,  ordinary,  born  in  London,  aged  34-. 
*    George  North,  captain  of  the  main-top,  born  in  Kinfale, 
aged  27. 

William  Hill,  able,  bom  in  Philadelphia,  aged  21.     En- 
tered at  Antigua. 

Q.  Do  you  know  the  prifoner  to  be  one  of  the  men  you 
have  now  nanned  ?  ,  j  . 

j4.  Yes,  I  do,  by  the  name  of  Jenkin  Ratfoiut 

Q.  Have  you  any  reafon  for  believing  the  prifoner  to  be 
born  in  London  ?  ,-.  ^  , 

j1.  I  think  I  was  prefent  when  his  defcription  was  taken, 
and  he  gave  the  place  o^  his  birth,  London,  himfelf. 

The  prifoner  having  no  queflions  to  aik,  the  evidence  with- 
drew ;  and 
-J.  Mr.  James  Baikie,  Secretary  to  Vice- Admiral  Berkeley ^ 
fworn  to  the  following  letters  being  true  copies  of  thofe  fent 
to  the  Commander  in  Chief  ;  when  they  were  read,  an4  are 
as  follow  :  / 

To  JOHN  ERSKINE  DOUGLAS,  Esquire, 
Captain  of  His  Mdjejiy^s  Ship  Bellona^  and  Senior  Officen  tsfc* 
,   ♦  l^c.  Ch^apeahe. 

His  Majejly*t  Ship  Leopardy  at  Sea, 
22d  June,  1807. 
SIR, 

In  obedience  to  your  fignal  tnis  morning,  to  weigh  and 
reconnoitre,  S.  E.  by  E.  I  have  the  honour  to  acquaint  you, 
that  having  arrived  off  Cape  Henry,  to  the  diftance  of  about 
four  or  five  leagues,  I  bore  up,  purfuant  to  orders  from  thtf* 
Commander  in  Chief,  to  fearch  for  deferters  on  board  the 
United  States  frigate  Chefapeake,  On  arriving  within  hail, 
an  Officer  was  disoatched  accordmg  to  my  inftruftions,  to 
Ihew  the  order  to  her  commander,  together  with  the  follow* 
ing  note  from  myfelf  : 

"  The  Captain  of  his  Britannic  Majefty's  (hip  Leopard, 
has  the  honour  to  enclofe  the  Captain  of  the  United  States 
frigate  Chefapeake,  an  Order  from  the  Hon.  Vice-Admiral 
Berkeley^  Commander  in  Chief  of  his  Majefty's  fhips  on  the 
North  American  ftation,  refpefting  fome  deferters  from  the 
fhips  (therein  mentioned)  under  his  command,  and  fuppofcd 
now  to  be  ferving  as  part  of  the  crew  of  the  Chefapeake. 


i 


A\ 


I, 


F3* 


It 

A 


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**  The  Captain  of  the  Leopard  will  not  pjrcfume  to  fay  any 
thing  in  addition  to  what  the  Commander  m  Chief  has  ftated, 
more  than  to  exprefs  an  hope,  that  every  circumftance  refpe^. 
ing  them  may  be  adjuftedi  in  fuch  a  manner,  that  the  harmony 
fubfi^ing  between  the  two  countries,  may  remain  undiflurbed." 

The  boat,  after  an  abfence  of  three  quarters  of  an  hour,  re- 
turned with  the  following  Anfwer  : 
'  ''  **  I  know  of  no  fuch  men  as  you  defc^ibe  ;  the  officers  that 
were  on  the  recruiting  fcrvice  for  this  fliip,  were  particularly 
inftrufted  by  the  govermncnt,  through  nae,  not  to  enter  any 
defertert  firom  his  Brhmnic  Majefty's  ftups  ;  nor  do  I  know  of 
any  being  here.      -   v'- 

**  I  am  alfo  inftru^df  never  t« -permit  the  crew  of  any  ihip 
that  I  command,  to  be  muflered  by  any  other  but  her  own 
officers  }  it  is  my  difpoiition  to  prefervc  harmony  ^  and  I  hojpe 
this  anfwer  to  your  difpatch  will  prove  fatisfaftory. 

V     (Signed)  JAMES  BARRON.      v? 

Commander  of  the  Untied  States  Jhip  ChefapeaheV 

On  the  receipt  of  this  letter^  motives  of  humanity,  and  an 
ardent  defire  to  prevent  bloodfhed,  induced  me  if  pofllble  to 
endeavour  to  ntake  the  fearch  without  recurring  to  more  feri- 
ou8  meafures,  by  repeatedly  hailing  and  remonilratiiig  with- 
out efife£k.  I  then  dire£led  a  (hot  to  be  fired  acrofs  the  bow  { 
after  which  he  was  again  hailed,  the  anfwers  again  were  equal- 
ly evafive  ;  conceiving  therefore,  that  my  orders  would  not 
admit  of  deviation,  I  lament  to  ftate  that  I  felt  under  the  ne- 
ceffity  of  enforcing  them  by  firing  into  the  United  States  (hip  ; 
a  few  fhot  were  returned,  but  none  flruck  this  fhip  ;  at  the 
expiration  often  minutes  from  the  firft  fhot  being'  fired,  the 
pendant  and  enfign  of  the  Chefapeake  were  lowered.  I  then 
gave  the  neceffary  direction  for  her  being  dearched,  according 
to  my  inflruftions,  and  herewith  fend  you  a  ftatement*  of  the 
number  and  names  of  the  deferters  found  on  board.     Several 

^  Lift  efmenftund  on  hoard,  and  ferving  at  a  part  t>f  th»  Crew  of  the  United 
States  Jhip  Chefapeake,  defertert  from  Hit  Majefyt  Jhipt  Melampu* 
ani  Halifax.  .       .. 

WILLIAM  WARE, 
DANIEL  MARTIN, 
*      JN.  STRACHAN,  aliat  STORY.  _ 

IN.  WILSON,  aliat  lENKIN  RATFORD,  h.  m.  s.  Halifax 
{Signed) 

S.  P.  HUMPHREVS. 
Hit  Idayfiytjhip  Leopard,  at  Sea,  22rf  June,  1 807. 


?H.  »r. 


S.  MELAMPU8. 


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U''W- 


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N4. 


13 


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•  .'V. 


.-      .^.  Xf 


<Jthbr  Englifh  fubjefts  compofcd  part  of  the  crew  of  t1ie  trtgats, 
but  as  they  did  not  claim  the  proteftion  of  the  Britiih  flag, 
and  not  within  the  limits  of  my  orders  from  the  Comman4cr 
in  Chief,  I  therefore  allowed  them  to  remain.  ^ 

After  the  fearch  had  beer,  made,  and  prievious  to  feparation, 
the  ..Captain  ftnt  me  the  annexed  Note  ;*  which}  with  my  an- 
Iwer,   I   luve  the  honour  to  fubjoin  ;  and 
M  'vf^s.   Have  the  honour  to  be, 
-.'■■^'f  '  Sir,  ^  ^     ■  j^ 

>*,>  r..-  Your  moft  obedient,  humble   ferjvant. 

V  .^>Vf%».  S.  P.  I*rUMPHREYS.    ., 

Serjeant  Richard  Frotf/hamt  of  the  Roryal  Maainea,  '«i  H!»  ' 
Majeily's  Ship  BcUona,  called  in  and  fworn,  to  trnVf  aafwer 
what  he  knew  of  the  prifoner,  as  alfo  to  fuch  queftionsisi^the 
Court  might  aflc  him.     Had  heard  the  charges  read..  > 

Q.     Do  you  know  any  thing  of  the  prifoner  ?  •■"^ 

A,     Only  that  he  was  fonftned  on  |>oard  the  B«ll<>iift|ia&|iw^ 
defcrter  from  the  Halifax.  'i^tt  «f9iiJ  **  V   ; 

'  ■'^:;^^- 

*  Copy  ofletUrfrom  Commodore  BarrOM  it  Ca^mi  Sumpbteyt  :  ■»  .  > 

'*  I  confider  the  frigate  Chefapeake  as  your  prize,  and  am  ready  to 
delijirer  her  to  any  oftccr  authori-^.ed  to  receive  her.     By  the  return  (^    •        'i 
the  boat  1  Hiall  expetfl  your  anfwer  ;  and  have  the  honour  to  bt, 

^  .  V  ,e-T^       ^r^^«      Your  moft  obedient,  ■-.,.. 

k.Mtei-»l>r»^^'  Vli*^?  ^m  THumole  (crvant, 

"    '  JAMfiS  BARRON." 


.yf^  i^ 


.■,(1:       -  '.     v->- «i;-    >"ii«  *v 

Atfea,  22d  June,  180f. 


.;■' 


m- 


ANSWER.  \4>-f.': 

His  Majefii'sjhip  Leopard,  aif(^%    . 
^m^..  2ad7une.l807.     ^..^ 


"paving,  to  the  utmoft  of  my  power,  fulfilled  the  inftrudtion*  of  my 
Commander  in  Chief,  I  have  nothing  more  to  defire  ;  and  muft,  in.con> 
fequenfte,  proceed  to  join  the  remainder  of  the  fquadron  ;  repeating^, 
that  I  aft  ready  to  give  you  every  afliilancc  iu  my  power,  atid  do  mod 
(Incerely  deplore,  that  any  lives  mould  have  been  loft  in  the  execution 
of  a  ferviee,  which  mig^t  have  been  adjufted  more  amicabljr,  not  Only 
with  ref[«p(il  to  ourfelveSj-ljut  to  the  nations  to  whii'h  we  refpe6li''v^y 
[3}elong. 

\-.-^r-4tfi-  jl  have  the  honour  to  be, 
■■,'^^;;.     Sir, 

*T*^f  t- §  ViMW  «oft  Obfitieftt  humble  fervant, 

'^i■v^'•^  .  ^^^...-^  .^^  ,.  ..    ..    g^  p^  HUMPHREYS. 


4 


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■J!ii 


i^.  Were  you  on  board  His  Majcily's  (hip  Cluchefter  m 
the  Chcfapcake  ^oiug  4my  as  Serjeant  of  Marines  ? 

vf.  '  Yc8,  I  was  lent  from  the  Bcllona  to  His  Majefty'i 
(liip  Chliiheftcr,  on  the  10th  November,  1806,  and  remained 
there  untihthe  15th  Maff:h»  1807- 

Q.  Do  you  know  of  any  deferters  from  Fort  NeUoD  beipg 
claimed  by  the  American  Cummandtiit  ?  '.fi'4\y  >''  *-'^-* 

yf.     Yes,  ..\'*^i'.  *kt.-'  f'-;'^>.'ii4 

Q.     Reflate  to  the  Court  the  particulars!    "*    *  -    ,  r 

yj.  In  thcearly  part  of  Februqj-y  laft,  the  Chichefter  be- 
ing alonff  fide  the  whai^  at  Gufport,  in  Virginia,  I  faw  a  par- 
ty  of  folaitfrs  under  armsi  coDiifting  of  the  Commandant  of 
Forft  NeUbn,  a;  SerjeaM,  Corpora],  and  four  Privates,  coming 
from  the  Fo»t  to- the  wharf,  along  fide  which  the  Chichefter 
waft.layinjj^^  Having  entared  the  gates,  they  proceeded  to 
Captain  Sto^ond'iS  lodgings ;  when  I  was  fent  for,  by  himi 
and  aiked  whetlier  there  were  any  deferters  on  board  from  the 
Fort,  laofwertd,  there  were  not  any.  The  Captain  faid, 
"  there  are  three,  are  there  not,"  and  direfted  me  to  give 
ihem  up  to  the  perfon  I  fuppofed  the  Commandant.  I,  with 
the  affiftanC6  of  the  Officers,"  fearched  the  (hip,  but  could  not 
find  them,  and  reported  accordingly  to  the  Captain  :  who 
then  prdered  all  hands  to  be  turned  up*  in  order  to  fearcfa 
more  particularly,  as  be- was  determined  to  give  thent  up.  I 
with  the  Mafter,  and  other  Officers,  renewed  the  fearch  :  and 
at  the  expiration  of  an  hour,  t*ro  were  found  under  the  ftores 
in  the  hold,  the  third  was  found  in  one  of  the  ftore  houfeSf 
under  the  fails.  Captain  Stopford  dire£ied  Mr.  Bro<»k8,  one 
of  the  Midihipmen  of  the  (hip,'to  be  confined,  for  telling 
Captain  Saunders  that  he  thought  it  was  not  right  to  give 
up  their- deferters  when  they  would  not  give  up  ours.  The 
deferters,  «»rere  then  pot  in  a  boat,  and  taken,  by  the  Ameri# 
can  Captain  and  guai^,  to  the  Fort.  Their  names  were, 
Wm.  Bum,  a  fhoemaker  by  trade,  an  Irishman,  bom  in  Lon- 
donderry ;  Wm.  Jones,  a  weaver  by  trade,  *oom  at  Manchef- 
ter,  in   England  ;   the  name,  or  place  of  birth,  of  the  t|iir4 


perfon,  I  do  not  recollect. 


>^v>v 


irl': 


,L^»^. 


1. 


Q.     Do  you  know  any  of  fhe  crew^  ttr  fopfcriflittihera'rieg^ 
deferting  from  the  » .hichefter,  and  entering  into  the  Ameri* 

can  Military  (ervice.       .-^H^ivJ!^;^'  :i>i^^l  fji;-  *i    ^' 

yf.     Yes  ;  Convalefcents,  who  c?iroe  fyoin  the  Regitnfents 
^c.  in  the  Weft  Indies,  for  recovery  of  their  health.      / 


itr^K 


,.....«^-'A 


/ 

v    -^-•'              I 

■     '"^ 

/ 

'.^                              1 

/ 

1 

■ 

/    r. 

■.i-.   ■>            1 

I . 

1 
1 

'    •%-!.f                    1 

1 

1 

J 

1  . 

. .  .^»  .\  ■:  *r 


^ 


,^-. 


15  ' 


t  :, 


»•-• 


\ 


Q.     Rehte  the  particulars. 

V?.  Robert  Simpfon  and  Francis  Sedgewick,of  the  Roy- 
al Artillery  ;  Wm.  Phillips,  Corporal  of  Royal  MariucB, 
belonging  to  the  Chichcfter  ;  Benjamin  Withers,  of  the  1.5th 
Regiment  of  foot  ;  and  John  Mahoney,  of  the  37th,  dcfcrt- 
ed  from  the  Chichefter  ;  fome  of  which  enlifted,  in  English 
uniform,  into  the  American  fervice,  and  were  afterwards  feen 
by  me  in  the  Annerican  Military  unifoi'm.  Simpfon  and  Ma- 
honey  were  Irifhmen,  and  Withers  and  PItilips,  EnghHimen} 
from  the  County  of  Laiicafler  ;  I  do  not  know  what  coun- 
tryman  Sedgewick  was,  but  have  repeatedly  heard  them  all 
declare,  they  were  ftrangers  to  the  United  States. 

The  Evidence  withdrew  j  and' 
Captaiti  John  Erjkinc  Dmglast  of  His  MajeSy*sfi'ip   BeUonot 

Jworn, 

Q.  Was  you  Senior  Officer  of  His  Majefty's  (hips  in  the 
Chefapeake,  when  the  men  ftated  by  the  lail  vntnefs^  defert- 
cd  from  the  Chichefter.  . 

jt.     I  was  Senior  OfBcer.        '  . "  ^     '-/i\.".    -.    '.} 

Q.  Did  you  make  any  appitcatien  for  thofe  men-?    ,.^     "^i 

j1.  I  did  make  application,  but  they  were  not  giveti  up  > 
and,  to  the  beft  of  my  reco)le£kion,  the  anfwer  give.  waG» 
•*  If  any  deferters  from  the  £ngli(h  fervice  have  entered  into 
the  American  fervice,  they  have  been  ient,  with  a  detach- 
ment, into  the  country." 

The  prifbtter  was  now  called  upon  for  his  defence  ;  hav- 
ing been  told,  at  the  examination  of  each  witnefs  that  he 
might  ailc  any  queftions  he  pleafed.  After  retiring^  for  a ' 
ihort  time,  with  the  Judge  Advocate,  he  returned  into  Court, 
and  ilated,  that  the  evidence  brought  againil  him  was  fo^ 
ftrong,  there  was  but  little  left  for  him  to  lay  in  his  defence  : 
but  that  the  reafon  of  his  hiding  in  the  coal-hole,  was  for 
fear  of  the  Americrn"  making  him  fight  againft  his  country, 
which  he  declared  no  would  not  do  on  any  account  ;  that 
he,  with  all  the  mea  who  deferted  from  the  Halifax,  were 
perfuaded  by  the  Boatfwain  to  enter  for  the  CheCapeake,  to 
proteft  themfelves,  which  they  did  :  Lieut.  Sinclair  aiking 
them  if  they  had  not  a  fecond  name.  About  30  meiT  went  in 
the  firft  draft  with  him  to  the  Chefapeake^  when  Captain 
Gordon  muttered  them,  and  they  were  muttered  again 
in  Hampton  Roads  by  the  Commodore.  He  requefted 
leave  to  call  one  Evidence  in  again  j  to  aflc  his  Oificera^  for  a 


U.* 


\ 


at:.    < 


»  /,-'•.; 


'?**': 


f  ■' 


\ 


'■■}■ 


w 


!^3^iti.?i.  i'..,.'^'i."fe 


re* 


I,. 


u 


m 


V.' 


\ 


-',. 


charaAef ;  an^th?n  he  threw   hitnfelf  on  the  mtny  of  tLr 
Court. 
Lord  James  Townfhend  dated,  that,  prior  to  the  chtrgfif 
,hc  had  always  behaved  himfelf  aa  a  quiet,  fteady  man. 


"'» 


i 
< 
» 


Mr.  Turner  caUed  in  again,  and  reminded  that  he  was  ftiU 
■^   *'^!|^,..on  his  oath. 

r  .:      Q,'  ^y  tke  Prijhner.     Do  you  recoMeft  my  throwing  my 

oar  acrofs  the  boat,  and  not  rowing  after  th6  boat  had  been 

pulling  fome  time  for  the   fhore,  and'  after  others  cried  out 

'^  pull  away.'* 

*- '      .  ,     -(^.  I  do  not.     The  prifoner  pulled  away  ai  the  others  did. 

Lieutenant  Carter,  of  the  HaFifax,  on  being  called  on  for 
the  prifoiier's  charafter,  ftat<  d,  that  all  the  time  he  was  in 
'^  the  floop,  he  confidered  him  a  fteady,  fober,  attentive  man, 
and  one  he  c£)iJd  liave  entrufted  on  fhore. 
%  .?  Lieutenant  Marfters  had  known  the  prifoner  all  the  tinve 
hchad  been  in  the  Halifax  ;  never  knew  any  thing  againft  him  ; 
he  was  fober  and  attentive,  and  occafionally  w'th  working 
parties  on  fliora. 

The  prifoner  baring  nothing  further  to  offer,  the  Court 
adjourned,  from  the  quarter  deck,  to  confider  of  the  evidence 
they  had  heard  ;  and,  after  maturely  and  deliberately  weigh- 
.  ing  the  fame,  were  of  opinion.  That  the  charges  againft  Jen- 
kin  Ratford  were  proved,  and  adjudged  him  to  fuffer  death, 
by  being  hung  at  the  yard  arm  of  fuch  one  of  His  Majefty's 
fhips,  and  at  fuch  time,  as  the  Commander  in  Chief  at  Hali- 
fax  (hall  dircft  :  which  fentence,  being  figned  by  each  men^- 
ber,  and  the  Cour^  affcmbling  again,  on  the  quarter  deck, 
the  prifoner  being  brought  forward,  and  the  witneffes.and 
audience  admitted,  was  read  by  the  Judge  Advocate  accord- 
ingly. After  which,  the  Prefident  addreffed  the  prifoner  in 
nearly  the  following  words  : 

"  YOU  have  pow  heard  the  awful  fentence  of  the  Court. 
•You  liave  been  found  guilty  of  dcferting  from  the  fervice  of 
your  country,  which,  at  all  ti.nes,  is  highly  criminal;  if  it 
was  poflible  to  make  it  more  fo,  it  is,  at  the  prefent  crifis, 
when  Gfeat  Britain  is  ftruggling  for  her  very  exiftence. 

"  Your  deferting  from  the  Halifax,  and  entering  into  thc^ 
American  Navy,  has  been  attended  with  moft  ferious  and  un- 
fortunate confcquences,  affecting  the  peace  of  both  countries. 

'  The  offences  of  which  you  hAve  been  found  guilty,  at* 


^\ 


■:M 


^l 


.■■J- 


.fir 


.  ^M 


,*^- 


i7  .  ;i. 


'■'^C: 


uf  fu  flagrant  a  natunt  that  I  cannot  flatter  you  with  the  Icaft 
hopes  of  pirdon  •  1,  therefore,  carneftly  recommend  your 
employing  the  (hort  time  you  may  h.  e  to  live,  in  making 
your  peace  with  Heaven. 

"  All  who  are  now  prefent,  and  have  witnefTed  tin's  Trial, 
as  well  as  the  crews  of  others  of  His  Majefty's  (hips,  mult 
be  convinced  of  tfce  heinous  crime  of  desertion  ;.more  partic- 
ularly fo,  when  it  is  attended  with  mutinous  and  contemptu- 
ous behaviour  to  your  Officers.  The  fate  of  the  unfortunate 
prifoner  will,  I  truft,  ftnk  deep  into  your  minds,  and  prevent 
the  continuance  of  an  offence  fo  hurtful  to  your  country,  and, 
difgracefui  to  the  chara^^er  of  Britifh  Seamen." 


,      f 


\:r  f 


On  Monday  morning  laft,  at  a  quarter  pall  nine  o'clock, 
the  fentenc'e  of  the  Court  Martial  was  carried  into  effeA  at         i 
the  fore -yard  arm  of  His  Majefty's  Sloop  of  War,  Halifax.       :C ;:; 


r-'i 


{[/«  order  that  «w  may  ml  he  acciifed  of  JitppreJJing  any  part  of  ,'•" 
the  Halifax  Parnphletf  wt  have  retained  the  remarkt  which  '' 
<Tve  found  fuhjoiaed  to  the  qecoutii  of  the  Trial.  J 


B-2 


*^, 


■••■j»»-,-'"v-*-- '" 


%: 


'  ■'*!?" 


1-Sfe' 


■f^r^   ""•^.♦"i",  ? 


v,-? '■•.•*• 


m 


'it  -^  •"•' 


•*/^-. 


f 


■:'-< 


■■&. 


.*■ 


•i^^jgPT 


l:*-^ 


..*v 


t  I  ■:  r.fl  4j  "sr  >jli'>.  -J^W'-  J 


,\.y 


r  !.»    -    •^-»'^'" 


tf 


m 


WHILE  the  American  Newfpapcrs  ha\  ,  for  two  monthi 
pail,  echoed  and  re-cchood  the  aflair  of  the  Leopard  and 
Chtfapeakc;  while  Town  Meetings  have  been  aflemblcd 
throughout  the  Union,  and  ftrings  of  Refolations  framed,  in 
which  each  have  endeavoured  to  outdo  the  others  in  violence 
nud  inveftive  againft  the  Dritifh  Navy  and  Government  ;  the 
Prefidcnt  of  the  United  States,  inftead  of  difclofing  the  feal 
Uatc  of  fafts,  which  wa9  in  his  poffeflion,  and  the  difclofure  of 
which  would  have  furnifhcd  the  public  mind  with  a  juft  ground 
of  thinking  and  adling,  has,  by  the  Proclamation  he  iflTued 
(though  couched  in  terms  of  infidious  moderation)  mifledthe 
public  mind  ;  increafed  the  ferment  occafioned  by  the  partial 
Knowledge  of  the  fufts  which  led  to  the  tranfa^lion  complain- 
ed of,  and,  to  ufe  his  Tivourite  philofophical  expreflion,  fet  all 
parties  afloat  on  "  the  iemptjluous  Sta  of  Liberty.** 

As  the  violence  of  the  liorm  has  in  fome  meafure  fubfided  ; 
the  Refolutions,  Orations  and  Toafts  gone  harmlefsly  by,  it 
it  is  higlily  probably  that  .plain,  undifguifed  fjiAs  may  now 
be  liftened  to  ;  and  that  the  minds  of  men,  which  have  been 
excited  to  indignant  expreflions,  by  falfe  ftatements  of  fadls, 
may  fpcl  the  deception  that  has  been  praftiled  on  them,  and 
turn  with  no  Icfs  indignation  on  their  deceivers.  If  this  fome- 
tiraes  takes  place  in  countries  where  the  will  of  the  people  is 
not  the  fupreme  law,  it  is  much  more  likely  to  happen  in  a 
»:ountry,  where  all  power  emanates  from  the  people  ;  and 
where  Liberty  is  indulged  to  the  extreme  of  licentioufnefs. 

In  the  Proclamation,  ifTued  by  Mr.  JefFcrfon,  he  ftates, 
**  that  this  enormity  was  not  only  without  provocation  or  iuft- 
ifiable  caufe,  but  was  committed  for  the  avowed  purpoie  of 
taking  by  force,  from  a  ftiip  of  War  of  the  United  States,  a 
part  of  her  crew  ;  and  that  no  circumftance  might  be  wanting 
to  mark  its  charafter,  it  had  been  previoufly  afcertained  that 
the  feamen  demanded  were  native  citizens  of  the  United 
States." 

Would  not  any  perfon  fuppofe,  from  this  ftatement  of  the 
Prefident,  that  the  conteft  between  the  Leopard  jind  Chela- 


l\^ 


^ 


m^: 


„.,.L. 


fS!t*;t'.":~^f«ic*r- -  • — •-'^■^";''*'""  ■.■■,i;,M  '. 


...#i- 


>*      » 


^  ,^ 


19 


m 


It 


m-^ 


pcake,  was  folcly  occafloncd  by  the  demand  of  two  or  three- 
feamen,  who  before  thf  lailing  of  the  Chefapoakc,  had  been 
clearly  afcert»jiied  to  be  citizens  of  the  Uiited  States  ? 

Would  it  be  fuppofed,  for  a  moment,  that  the  following 
Order  of  the  Honourable  Vice  Admiral  ISerkklby,  a  copy 
of  which  was  delivered  to  Commodore  Darron,  could  have 
been  in  his  pofliffttn  ?  Or,  can  it  be  imagined  that  Commodore 
Barron,  in  making  his  Report  to  the  Prefident  of  this  tranf- 
<-iAion,  (hould  have  omitted  to  make  that  Order  a  part  of  bis 
Report?  '•    ;^:-,      ' 


,.^  -      -  .  BY  THE    HONOURABLE 

41    GEORGE  CRANFIELD  BERKELEY, 


l^icf  jidmiral  of  the  H^hiiCf  and   Commander   in  Chief  of  His  • 
Majejiy*s  Shitt  and   VtfftU  employed  in  the  River  St.  Law- 
rencej  along  toe  Coaffofrlova-Scotia,  the  IJlands  of  St.  Jobn\ 
and  Cape  Breton,  the  Bay  of  Fundyt  andaty  and  about  the  IJl- 
and  of  Bermudui  or  Somen*  IJlatuU* 

WHEREAS  many  Seamen,    Subjefts  of  Mwi  Bntanmc' 
Majeily,  and  ferving  in  his  Majefty's  (hips  and  veflels,  as  per 
margin,*  while  at  anchor  in  the  Chefapeake,  deferted  and  en- 
tered on  board  the  United  States  frigate  the  Chefapeake,  and 
openly  paraded  the  ftreets  of  Norfolk,  in  fight  of  their  Offi- 
cers Tinder  the  American  flag,  proteAed  by  the  magifttates  of 
the  town,  and  the  recruiting   officer  belonging  to  tbe  above 
mentioned  American  frigate  ;  which  magiftrates  and   naval 
Officer,  refufed  gfiving  them  up,  although  demanded  by  His 
Britannic  Majefty's  ConfUl,  as  well  as  the  Captains  of  the 
fhips  from  which  the  faid  men  had  deferted  :  The  Captains 
und  Commanded  of  His  Majefty's  fhips  and  veflels  under  mjM^ 
command,  are,  therefore,  hereby  required  and  direded,  in  cafe^ 
of  meeting  with  the  American  frigate  Chefapeake.  at  fea,  and 
%vkhout  the  limits  of  the  United  States,  to  Jhew  to  the  Cap- 
tain of  her  this  Order,  and  to  require  to.  fearch  his  (hip  for  the  . 
deferters  from  the  before  ixientioned  fhips,  and  to  proceed  and ' 
fearch  for  the  fame  ;  and  if  a  fimilar  demand  (houM  be  made  , 
by  the  American,  he  is  to  be  permitted  to  fearch  for  any  de- 
ferters from  their  fervice,  according  to  the  cuftonis^nd  ufage  ' 


•I 


J*. 


■v* 


Bettwfle,  Bdlona,  TriuAph,  Chicked, 'ItttifxE,  ind  Zenobia* 

Cquttotv)     ,  ......  :   ^      ,      ^ 


«* 


'm^' 


.-  y 


I.  ■  V?.  - 


V 


?■%;. 


V    Ivi  1 


,<,^-J     -..:*'  _. 


iH 


lA- 


ir 


'  .  .       «ft 

of  ctrilized  nations,  on  tenni  of  pewoe  ami  amfty  witTi  each 
other. 

Civ/n    umirr    my     Hand    at    H.iLirJX, 

/Vf^  ir-     '.'..•    Nova-Scotia,  t/M!   \/i  day  of  June,  IHOT. 

•'        .(Signed)     '  G.  C.  BERKELEY. 

'" .      To 

The  rcfprdivc  Captains  and  Commanders 
of  His  Majefty's  (hips  aiid  vcffcla  on  the 
North  American  Station.  i         -     ** 


I 


The  above  Order  of  the  Admiral,  under  which  Capt.  Hum- 
phreys aded,  clearly  (hews,  that  it  was  not  two  or  tnrcc  men 
he  was  in  qucfl  of,  but  deferters  from  His  Majefty's  (hips, 
Belleiile,  Bcllona»  Triumph,  Chichefter,  Halifax,  and  Zcuo> 
bia,  ( Cutter.  \ 

IHie  fads  developed  in  the  intereftiog  Trial  of  Jcnkin  Rat- 
ford,  (hew,  beyond  all  controverfy,  that  defcrtions  from  His 
Majefty's  (hips  in  the  Chefapeake,  h^ve  been  moft  (hamefuUy 
encouraged,  and  that  the"  condud  of  the  American  Officers 
employed  in  their  recruiting  (ervice,  has  been  fuch,  that  they 
have  not  only  enlifted  our  men  under  the  very  eye  of  their 
Officers,  but  when  applied  to  for  the  delivery  or  them,  their 
anfwcrs  lave  been  uniformly  cvaiive  and  prevaricating. 

The  Prelidcnt  a(rert8,  "  that  this  enormity  was  without 
pifovocation  or  jufUBablc  canfe,*'  and  adds,  **  that  boj^itality 
under  fuch  cifcumftances  ceafes  to  be  a  duty." 

Thefe  aflertiona  we  will  examine  feparately  : — and  in  order 
completely  to  refute  the  firft,  we  (hall  merely  ftate  the  treat- 
ment which  Captain  Stopford,  of  his  Majefty's  (hip  Chichef- 
ter received. 

Early  in  February,  the  Commandant  of  the  American  Fort 
*  pfclfon,  accompanied  by  a  file  of  men,  called  at  Captain  Stop- 
ftird's  lodgings,  and  ii^ormed  hin^  that  three  men  had  deferted 
from  the  Fort,  and  were  on  board  bis  (hip,  and  requefted 
they  might  be  delivered  iip.  Captain  St<^ford  inftantly  com- 
plied with  the  requeft  of  the  American  Commandant  ;  fent 
an  order  to  learch  the  (hip,  and  on  its  being  reported  to  him 
that  the  men  could  not  be  found,  he  went  on  board  himfel^ 
had  his  crew  n)uftered,  and  the  (hip  fo  effeAually  infpede^ 
that  two  of  the  men  were  found  concealed  on  board,  and  the 
other  in  a  jtore-houfe  contiguous.  They  were  immediately 
dUivcred  up  to  their  officer,  and  taken  to  the  Fott.    Ao^ 


ik 


.^- 


«1 

what  linden  tM»  Iranfa^ion  more  defprving  of  noticct  lii. 
that  of  the  men  drlivcrcd  up,  one  was  an  Irifhman,  and 
another  a  native  of  Manchefter.  Mr.  Drookt,  midfhipmnn, 
ftating  to  Capt.  Saunders  that  he  ihoif^ht  it  wrong  to  deliver 
up  thefe  men,  as  the  Americana  would  not  deliver  up  Britifh 
defertcrs,  was  immediately  put  under  arreil  by  Captain  Stop- 
ford,  who  was  determined  not  to  be  prevented  by  the  mifcun- 
du6t  of  others,  from  doing  what  he  thought  was  proper  aud 
gentlemanly. 

Lift  us  now  minutely  attend  to  the  condu^  of  Capt. 
Stopford  on  this  occaftou  :  Did  he  enter  into  a  nice  difcuf- 
finn  of  the  right  he  had  to  retain  thefe  American  defertcrs  i 
Did  he  go  with  Mr.  Madifon,  into  all  the  windings,  and 
turnings,  contained  in  his  nonfenfical  jargon  of  inftruAions 
tranfmJtted  on  this  fubieft  to  Mr.  Monroe  ?  Or,  did  he  urge 
a  reafon,  which  he  might  with  more  propriety  have  offered, 
that  the  men  in  queftion,  were  born  in  His  Majefty's  domiji- 
io.18  ? — No  :  he  had  rti  jurfe  to  none  of  thefe  fubterfugcs. 
He  felt  as  an  officer  ought  to  feel  on  fuch  an  occasion  :  he 
honourably  did  as  he  would  wi(h  to  be  done  by  ;  and  as  far 
as  refpcdled  the  right  thefe  men  might  have  to  his  pnotcftion 
as  Britifli  fubjefts,  he  juftly  confidercd  them  as  renegadoea, 
who  dcferved  neither  the  confideoce  or  prote^lion  of  either 
country.  '     'y  ivciTtf-.. "«:>'•  .:m-/y  « 

We  will  now  contrail  the  conduft  of  Captain  Stopfonf, 
with  the  fhameful  treatment  he  afterwards  received,  from  tlic 
American  govcrmcnt  : 

When  the  Chichefter  left  the  Weft-Indies,  four  men  two 
belonging  to  the  Royal  Artillery,  one  to  the  15th  regiment, 
and  one  to  the  37th,  who  had  been  unwell,  but  were  getting 
into  a  ftatc  of  convalefcence,  were  fent  on  board  her,  that  in 
a  voyage  to  the  States,  their  recovery  might  be  perfe^ed. 
Thefe  men  deferted  from  the  Chichefter,  and,  with  their 
Britiih  uniforms  on,  entered  into  the  American  fervice.  They 
were  fcen  on  fliore  after  they  had  entered,  by  the  Serjeant  of 
Marines  of  the  Chichefter,  and  one  of  them  had  the  impu- 
dence to  offer  to  fhuke  hand?  with  him,  but  he  rejcfted  his 
offer  with  becoming  contempt. 

Thofe  men  were  applied  for  by  Capt.  Douglas,  the  Com- 
manding Officer  of  the  Squadron  in  the  Chefapeake,  and  the 
anfwer  he  received  was,  if  any  fuch  men  had  enlifled^  tbey. 
were  gone  np  the  country  with  a  detachment.      :  --— ,  .\  ■> 


.'  i,--t  ■  ..) 


■*r        .-.'■j*.  ;-^ 


/ 


I  \ 


•  \ 
•    \ 


i 


Did  th«  gentlemanly  condiid  of  Captain  Stopford«  deftrte 
.  Ibch  a  return  a»  tUii  \  Will  Mr.  Jcircrfuu  prctviul  that  fuch 
treatment  did  not  furiudi  jud  caufe  of  uffvnce  and  provocat. 
tion  \  If  h<  can  reconcile  fo  baCe  k  traniadion  to  moderi> 
maxims  of  philofophy,  wc  ought  to  b«  thankful  that  the  plain 
common  feafc  of  the  cuuutry  we  inhabitt  it  iM)t  yet  fo  |>er> 
▼ertedt  a^d  that  the  terms  right  and  <wrong^  kuulntji  and  j«a> 
>  h'mdntfi^  iliU  retain  thtir  proj>cr  and  apuropriate  mraiiinfs* 

We  will  now  notice  the  ca£e  of  the  riabfax  :  A  midfliip* 
nan  and  five  men  arc  feut  from  that  (hip  tA>  weigh  the  kedge 
anchor.  Tho£e  men  fuddcnly  take  polTefliou  of  the  boat* 
fcize  upon  their  officer,  whom  they  threaten  to  killtand  reach 
the  American  (hore.  Though  the  circumftances  attending 
their  dc fertion  are  peculiarly  aggravating,  yet  they  are  ik> 
fuoner  landed,  than  they  ai  e  enUlied  by  the  American  recruit- 
ing officer,  JLieut.  Sinclair )  Lord  TownAieud  comes  on' 
fliure»  fees  his  men  parading  the  ftreots  of  Norfolk,  with  the 
American  flag:  makes  ap(4icatic»  to  the  authority  there, 
through  the  BritiHi  Conful,  fur  the  delivery  of  them,  without 
eflfei^.  Oi  •  of  the  men  would  willingly  have  returned  witb 
^m,  had  he  not  been  prevented  by  the  unfortunate  man,  who 
•n  Monday  lad  fuiFered  for  his  crime.  He  futally  appHes  to 
.Ucuteoant  Sinclair,  and  ofiers,  if  permitted  to  ro  iitto  the 
rendezvous,  to  point  out  the  men,  but  obtains  no  iatisfadtioO) 
•nd  receives  the  evaiivc,  prevaricating  aikfwer,  that  he  knew 
of  no  men  who  bad  entixred,  of  the  naoaes  his  JLordfhip  men^ 
tioned. 

The  Americtn  floop  of  ,war,  Wafp,  which  failed  the  be- 
ginning of  June,  with  the  Prefident's  objections  to  the  pead* 
jng  Treaty,  as  an  additional  proof  of  friendly  intention,  car- 
fled  with  her  three  Diitifh  dclerters. 

A  number  of  men  defcrted  from  the  refpedtive  (hips  named 
in  the  Admiral's  Order,  and  in  no  inilaoce  have  they  been 
given  up  in  <;onfequence  of  the  applications  made  for  them, 
but  have  been  encouraged  {Uid  harboured  in  tlicir  defertion, 
and  the  muft  of  tl\em  entercdia^ihs  American  Naval  £er- 
vice.  ,♦"       • 

In  fhort,  the  defcrtions  from  our  Squadron  in  the  Chefa* 
peake  have  been  regularly  and  fyflematically  encouraged,  and 
in  too  many  inftances,  has  infult  been  added  to  injury.  And» 
yet,  fays  Mr.  Jeiferfba  **  thit  tmrmity  yiat  it/ithout ^revocation, 
crjujiifiable  ctf«^'\^.;  jfV  #  ei-'W  .;'j*^.'*V  #-**^-'?-  **^  '  *• 

■■•■i:       -^  -.    -.    . 


\t>  -.r-}    ' 


l.'l 


■    ■■   t.i. 


•■  <#■ 

Would  the  Commainlant  of  Fort  Nclfon  havr  thought  •• 
■Mr.  JcftVrfoii  doo»,  if  Captain  Stopfnrd  had  rcfufcd  to  have 
ffiven  up  hi«  dcfrrtcrt  when  he  applied  for  them  ?  Wouli 
he  have  heen  fati«fi*<l  if  Captain  Htiwford  h^td  told  him.  that 
no  men  of  the  nume«  he  inquitrd  ft)r  were  entered  for  hit 
flnp,  if  the  \cry  meti  wen*  at  the  time,  in  defiance  of  him,  par- 
adinjf  the  deck  of  the  Chichefter  ?  And  would  it  have  eKah-' 
cd  hii  opinion  of  Captain  Stopford,  if  he  had  known  that 
the  name*  of  .  he  men  had  been  changed  by  hit  advice,  that 
he  might  be  furuiihtd  with  a  reply  fo  ungentlemanly  and  cva- 
iive?  ^*'*  • 

We  wifh  the  American  Nava!  Officers,  among  whom  are 
many  men  of  honour,  to  anfwer  thefe  queftiona,  and  candidly 
acknowledge  what  would  have  been  then-  feelings  had  the 
cafe  been  reverfed,  and  they  plac^  in  the  fame  fttoation;^ 
Would  they  have  thought,  as  Mr.  JeflWbn  does,  that  they 
had  no  ground  of  offence  or  provocation  ?  "We  arc  fatisfied 
that  nut  only  they,  but  the  feeUngs  of  all  mankind  will  an- 
fwer the  queilion  with  becoming  indignation.  *'  ** 

Under  thefe  circumftances,  what  coorfe  was  left  «>  the  C6m- 
mander  in  Oiief  of  Hii  Majefty's  Hquiidron  on  this  ftation  to 
purfue,  but  either  to  fuffer  his  (hips  to  be  dlfmantled  In  the 
American  harbours,  where  fuch  Injidious  hofpttalu^  was  afford* 
cd  them*  or  to  take  the  rery  ftep  he  did,  by  which  he  fhould 
not  only  put  an  immediate  fttrp  to  the  injury,  but  bring  thia 
qiHilUon  to  a  determinate  iflfue  between  the  two  natioos. 

The  theatre  for  the  decifion  of  this  important  queHion, 
Avas  the  moft  appropriate  that  could  have  been  choien,  th» 
Open  Ocean  ;  that  the  appeal  and  the  juftice  of  it,  might  cot 
only  be  made  to  the  two  Nations,  but  to  the  Univene.  Ir 
thia  Court  of  honour,  no  quibbling  civilians  were  admitted. 
The  complaint  was  ftmply  dated  in  the  Admiral^s  Order, 
(which  we  have  already  inlferted)  and  tranfmitted  to  Com- 
modore Barron,  with  a  polite  note,  from  Captain  Humphreys. 

To  this  demand  Commodore  Barron  replies,  **  I  know  of 
no  fuch  men  as  you  defcribc  ;  the  Officers  that  were  on  the 
rccruitiiig  fervice  for  this  fhip,  were  particularly  inftru£te4 
by  the  government,  through  me,  not  tti  enter  defertera  from 
•His  Britannic  Majefty's  fhips  ;  nor  do  I  know  of  any  being 
here."  ''^ 

llie  demand  being  made,  and  the  reply  given,  the  h€i% 
were  completely  at  UTue  between  the  parties.    Aitd  what  was 


' 


«'i: 


.  v  ;; 


*XV1 


^^■vr 


,.-'f^t 


"■%' 


4f-.siijh 


'1 


9  *: 


«  5y;'-'4 


.1: 


tf'X 


■M>. 


fi« 


_   (A^ij** ' ,,    *-^ 


'M^js. 


the  refult  ?  Thai  Jenkin  Ratford,  a  defertw  from  His  Ma- 
jefty*  Ship  Halifax,  one  of  the  (hips  named  inthe  Admiral's 
Ocder,  was  found  on  board  the  Chefapeake.  And  that  Wil- 
liam Ware,  Daniel  Martin,  and  John  Strachan,  three  defer- 
ters  from  Hi»  M^efty's  ftiip  MelampuR,  ^a  fhip  not  named 
in  the  Admiral's  Order,  but  coming  withm  the  fpirit  of  it) 
were  alfo  found  onboard,  and  very  properly  taken  out  by 
Cu)tain  Humphreys.  •■  -,  i,;. ,  ^ 

How  can  Commodore  Barron  look  honourfl|}ie  men  in  the 
face  after  a  difclofure  like  this  i  Jt  was  in  the  open  '.ew  of 
the  Univcrfe,  putting  the  feal  to  all  thf*  former  evafive,  pre- 
vancatitig  anfwers  that  our  Officers  had  received  on  applica- 
tion for  their  deferters  :  Nor  can  all  the  waters  of  Lethe 
blot  out  the  difgracc. 

Ifthe  American  Government,  had,  inlincerity  and  good 
ieith  iifued  the  order  forbidding  deierters  from  BiitiHi  fhips 
to  be  enlifteC  on  board  the  Caefapeake,  would  not  Mr.  Jef- 
ferfon  have  inftantly  ordered  a  Couct  of  Inquiry,  to  know 
why  that  order  had  been  difobeyed,  and  to  find  out  the  cuU 
prits  who  had  dared,  by  their  difobedience  of  fo  falutar^r  a 
regulation,  to  involve  two  countries  in  a  conteft,  the  great 
inafs  of  the  inhabitants  of  which  fincerely  wifh  to  be  at  peace 
with  e?ch  other  ?  H  ,8  any  fuch  meafure  been  adapted,  or 
any  difclofure  of  the  circumftances  which  led  to  this  tranfac- 
tion,  been  made  by  the  American  Government  i.  And  are 
-not  many  of  the  American  papers  loud  in  their  complaints, 
at  the  myfterious  fecrecy  obferved  on  this  occafion  ?  Does 
it  ifot  look  too  much  Ukc  a  defign  to  pufh  the  public  mind, 
bli:>d  folded,  to  extremities?         .  lyxK-fe^-  •;  "  r  ats***?'  t*to 

If  doubt  can  ftill  remain  in  the  r  ind  of  any  perfon,  wheth- 
er Commodore  B.irron-  knew  that  the  men  who  were  tak^n 
out  of  his  fhip,  were  Britiih  deferters,  we  copy  the  follow- 
ing extrafts  from  their  own  voluntary  confeffions  :  !  w^^fe't'^' 

Jo^n  Strachan,  after  giving  an  account  of  his  defertion 
from  the  Melampus,  the  firft  of  February,  in  company  with 
Ware,  Martin  and  Little,  fays,  "  they  went  to  Norfolk, 
where  he,  Martin  and  Ware,  entered  for  the  Chefapeake, 
that  ue  knew  the  faces  6f  feveral  Englifhmen  on  board  the 
Chefapeake,  but  did  not  know  their  names,  that  Commodore 
Barron  promt  fed  to  proteS  him,** 

fViiliam  IVare^  fays,  "  that  when  they  came  before  Coni- 
wodore  Ban-on,  at  the  Naval  Yard  at  Wafhington,    he  prorrh 


s- 


:>S" 


till/    - 


iHR 


W 


;**vt> 


't. 


yidto.pt^MtSm,  akBot^  they  ttfere  Jeferhrs  fiwn  an  Engfifb 
Man  df  IVar," 

Jenkin  Ratforii  bclors  Iiis  execution,  ackhonir^ed,  *<tlMit 
he  was  bora  in  LondoBt  thst  he  ToluiManly  entered  iatd  His 
Maiefty's  Service^  that  he  ddCeited  inth*  jolly  boat  <  rif  the 
Han^tX)  hiconi{»niy  with  George  North,  castaiuilf  the  maiti 
top,  rfccnry  Saiiaders,  boatfwain's  imtev  Richard  Hbbeii,  faiil 
maker,  and  another  man  whofe  name  he  did  not  Know,  thit 
that  thiy-aU  entered  at  Norfdli/  for  the  Chefapeake  fri^te^ 
and  afterwards  joined  her  at  the  Federal  City ;  that  in  a  fhoit 
time  Richard  Hid)^  ran  away,  ^d  was  ieen  it  Alexandria 
by  fome  of  the  crew»  about  three  days  sifter  t  ahd  that  Oeoi4re 
North  and  Henry  Saanders  rati  aWay  d«mng  the  time  the 
&ip  was  coming  down  the  riter.  Tha't  Rtcfaard  H«d)ert 
was  from  Liverpool,  and  formeriy  belonged  tu  the  Le&nder, 
and  that  Saunders  was  an  Irifliman^  On  his  defence,  Ra^> 
ford  faid,  <*-tNat  at  the  time  of  their  entering  for  t^  Chefa- 
peake, Lieuttrnant  Sinclair  aiked  them  if  jthey  hid!  not-  a  fee- 
ond  name."  On  this  fngg^ftioit,  Riatford  altered' kia  naMle 
to  Wilfon,  and  -  /as  fo  entered  on  tiie  ChefoiMe«ke's  bdokl. 
To  this  circttmiianoe  it  is  owing,  that  the  names  of  North  and 
Saunders  were  n6t  to  be  foundin  the  books,  and  to  their  hav- 
ing deferted  on  the  paifage  of  the  Chefapeake  from  Wafh- 
ingtoTi  to  Norfolk,  is  alfo  owing  that  they  Were  not,  like  Rat- 
ford,  found  hid  in  the  coal  hole  of  that  frigate.  What  pro- 
te6tion  Commodore  Barron,  after  all  his  promifes,  afforded  to 
thefe  deluded,  unhappy  men,  hi«  own  feeliiu^s  mail  long  before 
this  time  have  fuggefted  to  himk 

After  the  preceding  ftatement  of  fa(fts,  wc  believe  it  will 
be  very  difikult  for  Mr.  Jbffierfon  to  fatisfy  »ny  riaan,  **  thitt 
this  enormity  ivas  nvUhoid  provDcation  or  ju/^uiife  cau/eJ* 

We  Ihall  now  briefly  notice  his  other  adlfei'tfan,   *f  that  ifro/^ 
pitality  under  fueb  circamfiances  ceafes  tc  be  a  daty.**;fii'UHr'^'^ 

Af^erthe  ftatemen*  we  have  given  of  the  treati.ietit  onr 
Squadron  received  in  the  Chefapeake,  it  wiU  natut  ally  be  en- 
quired, "  What  can  Mr  Jefferfou  mean  by  itofpitality  ?**  It 
IS  true,'  that  our  ihipa  were  furniihed  with  proviiiohs  in  the 
Chefapeake  ;  and  as  far  as  this  hofpitality  extended',  an  equiv'- 
alent  return  was  conftantly  made  in  the  punftual  and  regular 
payment  for  thofe  provifion&  ^  and  f.hus  this  account  of  hof- 
pitality, was  very  nearly  balanced.  But  were  thofc  I'upplies 
to  be  put  in  competition  with  the  daily  injury  received  i»  th** 


..f* 


.  >(, 


•^ 


■* 


t  V 


f 


26 


«••••••••• 


-•.I 


a' 


N     "1. 

i 


1 


:^> 


•«*•   ■ 


l«' 


encdttragemeht  of  our  men  to  defertion  ?  Would  Mr.  JefiTer. 
font  if  invited  to  a  banqiKt,  come  away  very  much  deKghted 
wkh  the  h<^pitaltty  of  lus  hoft,  if  he  found  that  whik  he  was 
^rtaluog  oi  hia  mnds,  he  had  enticed  firom  his  duty  a^vour- 
ite  ienrant  i  If  on  remOnftritlng  at  the  injury,  he  (hould  bs 
coolly  told,  the  hw  will  proted  me  in  ytrbait  I  have  done  ; 
would  he  be  able  to  contain  his  refentment  ?  Or  wbidd  be 
l>e  very  de&rou»  (^  partakin|{  again  of  fuch  hofpitaUtv  i 

£xa£Uy  refemblingthtt,  is  the  boM*aIky  that  our  f^ucidroo 
has  been  excluded  from  by  the  Preudent's  PittclanMtion. 

The  kindeft  ftep  Mr.  Jefierlbn  could  ham  taken,  wovdd 
have  been  to  have  iffued  this  Proclamation  fbme  months  ago. 
A  number  of  feamen,  the  greateft  part  of  whom  are  now  la- 
menting their  foHy  in  abandomng  their  coontry'a  flag,  would 
have  been  in  our  fervice,  and  the  life  of  the  unh^py  man  pre* 
ferred,  whofe  fate  we  hope  will  be  a  warning  to  others. 

While  therefore  it  (hall  be  neceflary  for  our  ihips  to  remain 

in  the  Chefapeake,  we  fincerely  wifli  that  their  communica- 

:  tion  with  the  Atnerican  ihore  may  remain  interdicted,  and 

that  l\ic  mfchievous  hofpitalky  fo  vaunted  ofby  tt^Prefident, 

:  may  continue  to  be  withheld  from  them,     i,       >'i  •  ■ 

.>.->In  the  prefent  eventful  ftate  of  the  world,  the  Britifh  Na- 

.try,  in  the  courfe  of  Providence,  forms  the  only  barrier  be- 

.  tween  France  and  Untverfal  Entire.     That  this  barrier  may 

.  not  be  either  weakened  or  deftroyed,  ought  not  only  to  be 

the  wiih  of  Great-Britain,  but  of  America  aUb.     Their  rulers 

-may  be  at  pirefent  fafcinated  with  French  vi^ories,  or  they 

may  be  deceived  by  French  intrigues  :  but   if  they  do  not 

.more  carefully  Icuk  to  the  evils  that  are  impending,  it  is 

highly  probable,  the  day  is  not  far  didant,  when  they  will  feel 

.the  effe£^s  of  their  blindnefs  and  temerity. 

We  will  now  clofe  thefe  remark  j  with  a  few  observations 
on  another  expreifion  in  the  Prefident's  Proclamation,  where 
•he  fays  **  it 'had  been  previoufly  afcertained  (that  is,  before 
the  failing  of  the  Chefapeake)  that  the  feamen  demanded 
were  native  «:itizens  of  the  United  States."  This  affertion 
we  doubt,  and  for  the  following  reafon  :  in  looking  into  the 
official  paper  publiflied  at  Wafhtngton,  after  fome  very  indel- 
icate remerks,  as  they  refpeft  Mr.  Erskine,  the  Britifh 
Minifter,  and  of  the  communications  with  him  relative  to 
Britifh  deferters,  it  gives  the  defcriptions  and  places  of  birth 
ot  William  Ware,  Daniel  Martin,  John  Strachan,  John  I»ittle> 


•'   > 


'"i^mh:!:-:^'-- 


#■ 


67 


•^•' 


sSju  Frencis,  and  Ambrofe  Watts*  as  ftat^  to  the  Anmieka- 
Covernment  before  the  failing  of  the  Chef«peake,by  Commo- 
dore Barron,  who*  it  is  faid,  had  been  direA«d  to*  afcertain 
their  oiciaenfhip.     That  thefe  defcriptions  were  merely  taken 
from  the  declarations  of  the  men  themfelves,  and'  that  Cctu  - 

Soion  Bnrofi,  and  the  American  Govermntnt,  tooir  t^ 
rther  trouble  in  the  buTinefs,  will  be  rendered  evident  to  all, 
who  do  not  ohoofe  to  (hut  their  eyes  by  the  fentence,  which 
tmmediatety^  follows  the  above  de(criptioR)  in  the  >\  afhington 
Official  Gazette,  which  fays,  **  that  the  R^prtrt  is  in  train 
(that  is  Commddore  Barrrn's  Report,  before-  dte-  failing  tff' 
the  Chefapeake)  to  be  formally  verified  by  a  recurrence  to 
the  fottrtes  of  evidente  pointed  otr,  bythefeatnen  refbeHi^ely.** 

Now  can  any  thing  be  clearer^  than  that'  xim  Report  of 
Commodore  Barron's  toas  not  'oerijitd  befbre  the  failing  of  tKe 
Chefapeake  ?'  If  it  was,  it  s  furely  a  woA  of  fupererogation 
to  go  about  the  vcification  of  it  nowt  The  fafts,  once 
clearly  afcertained  by  good  evidence,  would  l;e  for  ever  eftab> 
liflied.  We  could  ftrengthen  thefe  obfervations  by  the  teili- 
mony  of  the  unhappy  men  themfelves^  and  prove,  if  any  proof 
was  wanting^  that  Commodore  Barron  went  through  the 
ceremony  of  afkir^  them  a  few  qneftions,  and  thus  ended  the 
folemn  enquiry  he  was  dire^ed  to  make,  and  on  this  folemn 
enquiry  alone,  rtfts^  Mr.  Jefferfon's  afibtion,  "  that  it  had  heat 
frevioujly  afcertained  they  were  native  chizefu." 

If,  tbuerefore,  we  take  this  aflertion  of  tl»  Pfeftdent,  and 
couple  it  with  Commodore  Barron's  reply  to  Captain  HunT- 
phreys,  and  the  whole  train  of  prevarications  and  evaiions  that 
have  marked  every  ftage  of  .this  bufmefs,  we  (hall  find  inflow 
little  eftimatioiv  the  peace  of  the  two  countries  has  been  held 
by  the  American  Government.  For  the  fa£te  we  have  flated- 
fpeak  forcibly  to  the  underftanding  of  every  man. 

One  obfervation  more,  and  we  ihzU  at  prefent  difmifs  the 
fubje£t. 

The  men  whafe  citizenfhip,  Mr.  JefFerfon  attempts  to  ver^ 
ify,  belonged  to  His  Majefty'a  Ihip  Melampus,  a  fhip  not 
,  nanr^d  'u^  the  Admiral's  Order,  under  which  Captain  Hum- 
phreys ailed.  And  this  circumftance  totally  deflroys  the  af- 
fertion  of  Mr.  Jefferfon,  that  it  was  for  the  apprehenfion  of' 
thofe  very  men  this  enormity  was  conomitted.  The  Melam- 
pus and  her  men  were  totally  out  of  the  queftion  at  ifTue  be- 
tween the  two  fhips.     It  would  certainly  have   Ihewn  fome 


T  ♦. 


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^.  dibgree'of  fatraeTa,  if  tz  chii  Report  of  QHBmo^re  Bii^w^ 
the  pedigree  of  John  Wilfbot  alitu  Jenkia   Ratford,  Richard. 
Hubert,  George  Nurtli,  and  Henty  Saunderst  had  b^n  add- 
ed.    The£ir  aea  all  y>iied  the  flup  at  Wafhuigton>  and  failed 
.  ifk  her-  fixKn*  therice.     It  Ml  true  theti*  def«rt>oa  prevented  ibdr 
c  V¥H{  lound  oo  board  the  Qhefapeake  }  b^it  .tlik  dfMk  n«lr 
irender  the  cpoduiWrax  of  this  fhaqieful  pretfaiicattngiteftniac* 
'  tion  lets  criminaL 

,  We  omit  B^any  other  fa^< which  mjght  .be  tw|r«d  ^>n  this' 
Qccaiioa  ;  aa  they  will  nMre  properly  be  conne^ed  with  the 
cafe  of  the  unfortunr.Le  men  who  are  yet  to  tajM  their  trials. 

The  above  ftat«?»ei>t  of  faibs  is  given*  not  t»  irritate  or 
widep  the  breach  between  two  nations^  who  ought  to  be  in 
amity  with  each  other.     Who,  ihould'a  conteft.  enfue,  might 
^materially  i«ar  their  mutual  profperity,  without  ^.eriving  any 
beneiitfrom  that  coBteft  :  but  by  Xpreadt  ng  zV.  the  circum<^ 
fiances  minutely  before  thefxb  to  gi^^  all  parties  an  opportu- 
nity impartially  to  examine  the  ewe  ;  and  we  are  confidently 
perfuaded,  that  all  candid  men  will  at  length  agree  with  U3  ; 
^that  if  Mr.  Madii£on'$  quibbling  produ&ions  on  the   Law  rfi 
Nations,  h^d  been  thrown  into  the  iire,  a  little  fincerity  and 
plain  dealing  fubilituted  in  the  jjace  of  the  evafions  which 
have   marked  every  part    qf  this  tianfa^on,  and  the  fame 
.undifg^ifed  courtei'y  aud  hofpitality  pra£lifed,  which  marked 
the  condud  of  Captain  Stopford,   the  harmony  of  the   two 
/nations  would  never  have  been  interrupted,  and  the  commer» 
cial  profperity  of  bothy  gone  hand  in  hand  with  each  otlier. 


^n 


MdiirAJC,  SiPTSAiSSR  5,  1807' 


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chard 

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ng  ariy 

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ith  U3  ; 

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sty  and 

which 

he  fame 

marked 

he   two 

ommer- 


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